MCU14/0028 Appendix 2 EnvProtAct 1994

Environmental Protection Act 1994
Chapter 13 Savings, transitional and related provisions
Part 2 Transitional provisions for Environmental Protection and Other Legislation
Amendment Act 2000
[s 616W]


Subdivision 7                 Amendment of transitional
                              authorities (SAA) other than by
                              application

616W Additional grounds for amendment by administering
     authority
                 For applying section 292 for a transitional authority (SAA),
                 the following grounds apply, as well as the grounds under
                 section 292(2)—
                 (a)   the administering authority can not, by applying section
                       616C, work out the conditions of the authority;
                 (b)   a condition of the authority under section 616C creates a
                       right or imposes an obligation that the administering
                       authority considers is uncertain or not reasonably
                       enforceable;
                 (c)   the holder of the authority submits or amends a plan of
                       operations for the authority;
                 (d)   the amendment of the transitional authority (SAA) is
                       necessary to prevent environmental harm not already
                       authorised under the authority.

616X Ministerial power to amend
           (1)   The Minister may amend a transitional authority (SAA) if the
                 Minister—
                 (a)   gives the authority holder an amendment notice
                       proposing the amendment; and
                 (b)   considers the written representations, if any, made by
                       the holder within the stated period in the notice.
           (2)   If the Minister decides to amend the authority under
                 subsection (1), the administering authority must, within 10
                 business days after the decision—
                 (a)   make the amendment proposed in the notice; and
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